IVF in India - Swinging in Legal and Ethical Aspects

Over the years, In Vitro Fertilization (IVF) has turned out to be the boon for those deprived of progeny. This artificial technique of bestowing parenthood has brought smile to millions of faces. Failing to conceive naturally, people resort to this technique. More so, a successful pregnancy and a healthy baby born are, of course, the biggest advantages of undertaking an IVF procedure! But several legal and ethical aspects more often than not pose deterrents to its smooth execution.

The IVF is the most common form of ART (Assisted Reproductive Technology). The ART has resulted in a tectonic shift in the way physicians and the general population perceives infertility and ethics. Society has a responsibility to ensure that the advances achieved through ART are implemented in a socially responsible manner.

The ‘Legal and Ethical Aspects’ associated with IVF and the Indian Council of Medical Research (ICMR) guidelines regarding this are somewhat meticulous because it has defined certain issues having controversial views.

The guidelines should ideally encourage adoption and foster parenthood, and avoid statements such as: “Infertility, though not life threatening, causes intense mental agony and trauma that can only be best described by infertile couples themselves”. It should not accept the social stigma attached to infertility as a norm.

The ethical guidelines should go beyond technicalities and build effective safeguards so that the unequal power relationship between the providers and users of new technology is minimised. It is critical to envision future trends and lay down an ethical framework for biomedical research, especially in the new frontier of human reproduction that could change the very face of humanity.

Legal & Ethical Issues: At a Glance

In the wake of the birth of the first scientifically well documented test tube baby in 1986 in India, the mushrooming IVF clinics emerged across the country without accreditation, supervisory and regulatory body and control of Government, which propelled the Indian Council of Medical Research (ICMR) to develop draft National Guidelines for ART Clinics in India in 2002. Later, the Ministry of Health & Family Welfare examined these guidelines and after slight modifications, published the National Guidelines of Government of India in 2005.

Then, Indian Council of Medical Research (ICMR) developed draft for Assisted Reproductive Technology (Regulation) Bill in 2008 and sent to the Ministry of Health & Family Welfare, which has now been revised by the Ministry of Law & Justice as Assisted Reproductive Technology (Regulation) Bill-2013. Now, the Assisted Reproductive Technology (Regulation) Bill-2014 is before the Cabinet for consideration.The ART (Regulation) Bill proposes to establish National Board, State Boards and National Registry of (ART) in India for accreditation and supervision of ART clinics and ART Banks, ensuring that services provided by these are ethical and that the medical, social and legal rights of all the concerned are protected with maximum benefit to all the stakeholders within a recognized framework of ethics and good medical practices.

With infertility on the rise thank to erratic life style and late marriages, more and more couples are opting for ART or adopted babies. The safe success rate of ART is 40%. ART today is a 30 billion industry in India with over 3000 clinics across the country. Infertility is the commonest Medical problem in 30-40 years of age group of couples in India. It is heart-warming to know that Govt has all set to make laws for it. This will be the hallmark to resolve the ethical and legal issues related to IVF thereby paving the way for IVF to bloom in India to the hilt.

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